My thinking is SEC can attack and call any cryptocurrency as a security but they don't have full rights to do it successfully.
I'm sure they have all the rights.
I Will not panic with the news that came out yesterday with the SEC calling Algorand a security but I will stop buying for a few days or so to see how the market reacts.
Just wondering what everyone's thoughts are on this claim from the SEC?
If they arbitrarily do such attacks, will they pass
Howey test?
The notion that the SEC perceives most altcoin as securities are not recent news. Gary Gensler, the current SEC chairman, also alleged so.
"Everything other than bitcoin,” Gensler told me, “you can find a website, you can find a group of entrepreneurs, they might set up their legal entities in a tax haven offshore, they might have a foundation, they might lawyer it up to try to arbitrage and make it hard jurisdictionally or so forth.” In other words, there are people behind these cryptocurrencies using a variety of complex and legally opaque mechanisms, but at the most basic level, they are trying to promote their tokens and entice investors. (Bitcoin, because of its unique history and creation story, is fundamentally different from other crypto projects in this respect.)
What the current case is mainly tied to Bittrex, since what the lawsuit is all about is SEC trying to charge Bittrex as an unregistered security exchange. What they are doing and need is to establish one of the few tokens listed as securities. So ALGO is among other tokens. So, I don't think ALGO is specifically the main highlight here, I see the prices are also hardly affected.
Regarding the lawsuit, it can be seen here:
https://www.sec.gov/news/press-release/2023-78